The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s communication. This is because any injustice is not significant enough to warrant our involvement and we cannot achieve the outcome Mr X is seeking.
The complaint
Mr X complains the Council issued a summons by mistake. He also complains that when he telephoned the Council and complained about this, he was treated unfairly. He would like compensation and three members of staff to be dismissed.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained that he telephoned the Council in July about his Council Tax. The advisor he spoke with should have put a hold on the account during the call but did not. The Council apologised to Mr X and explained it was human error.
Mr X complained that he telephoned the Council again in August and spoke to another advisor. This advisor ended the call early and recorded inaccurate information about Mr X. The Council apologised and removed the inaccurate information from its system.
Mr X told the Council he wanted the call advisors and the complaint handler dismissed and he wanted substantial compensation. The Council refused. It said it had done a process review and had given staff feedback. It said it had also done refresher training with all call handlers.
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
Will not investigate complaints where the only or main outcome sought is personal disciplinary action, because this is not a worthwhile outcome of an Ombudsman investigation.
Final decision
We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement and we cannot achieve the outcome he is seeking.
Investigator's decision on behalf of the Ombudsman